Gestures can generally be categorised as good gestures and bad gestures. Yet, there are three basic types; adaptors, emblems and illustrators.
Let us understand them one by one. “Adaptors” are touching behaviours and movements that indicate internal states typically related to arousal or anxiety. It is seen as a common behaviour trait, such as subconsciously clicking pens, shaking our legs or engaging in other adapters during classes, meetings or while waiting, all as a way to do something with excess energy.
These adaptors are common behaviours, while patterns such as scratching, twirling hair, or fidgeting with fingers or hands and as often considered as self-adaptors. There are consciously or subconsciously engaged in either out of boredom or anxiety. Each is more used and common in social situations than in public-speaking situations.
“Emblems” are gestures that have a specific agreed-on meaning. However, they are still different from the signs used by the hearing-impaired or others who communicate using American Sign Language (ASL). For example, a hitchhiker with their raised thumb, the “OK” sign with thumb and index finger connected in a circle and the other three fingers sticking up, and the infamous raised-middle finger, are all examples of emblems that have an agreed-on meaning or meanings within specific cultures, but they are different from the ones employed by ASL.
The third and last type of gesture is “illustrators”. As the most common type of gesture, such are used to illustrate the verbal message they accompany. For example, you might use hand gestures to indicate the size or shape of an object. Unlike emblems though, illustrators do not typically have meaning on their own and are used more subconsciously than emblems.
These largely-involuntary and seemingly-natural gestures flow from us as we speak, but vary in terms of intensity and frequency based on context. Although we are never explicitly taught how to use illustrative gestures, we do it automatically. Some of the basic illustrators are head movements and postures, eye contact and facial expressions.
How do Gestures Play a Role as Regards the Law?
For legal professionals, understanding the use of gestures is critical for any good lawyer to succeed, whether it is understanding the gestures of their clients, their opponents, the judges or, most importantly, the witnesses.
Once a litigating lawyer begins to conduct trial and examination of witnesses, basic knowledge of body languages and gestures can prove to be game changer. Often referred to as “Courtroom Body Language”, specific gestures made in the courtroom at the time of trial, either by the witnesses or the opponent lawyer, can convey a silent message that can decide the next course of action.
For example, once the lawyer puts a question to the person testifying, gestures they make while testifying can speak volumes and can help the lawyer to either further interrogate or to change their course of action. A witness might say something that can unknowingly undermine their testimony. If they say, “Honestly”, or, “To tell you the truth”, or something similar, it’s unnecessary because they’re already under oath. However, it can give the jury pause and perhaps cast doubt in their minds.
Therefore, gestures play a very important role in communication between people. Gestures are usually considered as a fundamental component of language that contribute meaningful and unique information to a spoken message, reflecting the speaker’s underlying knowledge and experience. Despite this evidence, gesture is a relatively-understudied subject. Understanding gestures through origins and cultures remains an art within itself and a subject that needs to be explored by many for more-effective communications.
DISCLAIMER
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners
